C8.1.2 Reconsideration of Relative and Fictive Kin Foster Placement

Introduction

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Relatives and fictive kin who accept temporary custody of a child due to child welfare involvement may later determine that additional support and services are necessary to meet the child’s needs. In some situations, caregivers may not have initially pursued foster parent approval and later determine that additional support is necessary to maintain the child(ren)'s placement.  

To support placement stability and ensure caregivers have access to available resources, relatives and fictive kin who are granted temporary custody on or after July 15, 2026, may request to pursue foster parent approval within one hundred twenty (120) days of the judge granting temporary custody. If temporary custody was granted on or after July 15, 2026, caregivers may also request reconsideration after the one hundred twenty (120) day period if they experience a qualifying event. Eligibility is subject to the availability of state funds.


Practice Guidance

​Cases should remain open for at least one hundred twenty (120) calendar days after a relative or fictive kin caregiver is given temporary custody.


​​Caregivers may contact their SSW or the kinship support hotline at 877-565-5608 or by email at Relative.Supports@ky.gov​ to determine if they may be reconsidered for foster parent approval as a result of a qualifying event.  

Procedure

​Active or inactive cases within one hundred twenty (120) days of temporary custody.

The SSW:

  1. ​Upon notification that a caregiver with temporary custody requests to pursue foster parent approval, will verify that the family is eligible for reconsideration of the service array. Families​ are eligible for reconsideration of the service array if it is after July 15, 2026, and within one hundred twenty (120) days of the Judge’s signature granting temporary custody to the caregivers;
  2. Mails a DPP-183 Relative Fictive Kin Reconsideration Denial Letter to the caregiver if it is determined that the caregiver is ineligible for reconsideration of the service array. The DPP-183 will also be uploaded into TWIST in the case of origin and the Division of Administration and Financial Management (DAFM);
  3. Submits a kinship navigator referral via the KY KINS website if it is determined that the caregiver is eligible for reconsideration of the service array. The kinship navigator will review the DPP 178B Reconsideration of Foster Parent Approval Form and DPP 179 Relative and Fictive Kin Caregiver Agreement Form
  4. Will ensure the caregivers understand that relative per diem does not begin until the child(ren) is in the Department for Community Based Services (DCBS) custody and the DPP 178B and DPP 179 are signed;
  5. In an inactive case, upon completion of the DPP 178B and DPP 179, will make a referral to central intake for a safety check and review for the caregiver and discuss with the FSOS and/or regional management regarding the children re-entering out-of-home care (OOHC);
  6. In an active case, upon completion of the DPP 178B and DPP 179, will discuss with the FSOS and/or regional management regarding the children re-entering OOHC. 
  7. Will ensure the DPP-1277 Safety Check and Review section 1 is submitted to recruitment and certification (R&C) within three (3) working days of receiving the DPP 178B and DPP 179;
  8. Ensures that once the child enters OOHC, the enter/exit screens are completed within three (3) working days and follows procedures outlined in SOP C7​.12 Timeframes for All Out-of-Home Care (OOHC) Cases​


​Qualifying Events ​

If permanent custody is granted within one hundred twenty (120) days, the caregivers are eligible for reconsideration only upon a qualifying event. 

Central Office Staff:

  1. Will process inquiries for a qualifying event received through the kinship support hotline after one hundred twenty (120) days) Caregivers must meet one criterion and provide documentation showing eligibility on or after July 15, 2026. This applies to both open and closed cases. Qualifying event eligibility includes one of the following:
    1. ​​​​Death or incapacitation of a caregiver;
    2. Loss of income due to a disability;
    3. Early or unplanned retirement due to a documented hardship, such as medical necessity or employer-mandated​ separation, that results in a substantial loss of income;
    4. Loss of home or employment due to natural disaster or fire;
    5. Change in household structure due to divorce or legal separation; or 
    6. Significant change in the child’s medical or behavioral health that requires substantial caregiver involvement.​ The following factors should be considered when assessing whether a significant change in the child's medical or behavioral health has occurred.  Documentation from a third party should be provided. The child: 
      1. Displays an increase in aggressive, destructive, or disruptive behavior as documented by a third party
      2. Has new or increased involvement with the court-designated worker (CDW), Department for Juvenile Justice (DJJ), or court;
      3. Has a documented history of psychiatric hospitalizations;
      4. Is due to be released from a treatment facility;
      5. Is at risk of being placed in a more restrictive setting;
      6. Is at risk of institutionalization;
      7. Receives a new diagnosis of a chronic serious medical condition that requires specialized care, resources, and care coordination.  Examples may include: 
        1. ​Kidney problems requiring dialysis;
        2. Organ transplants;
        3. Open heart surgery;
        4. Cancer;
        5. Severe chronic respiratory disease;
        6. Terminal illness;
        7. Head Injuries;
        8. Seizure disorders that are not well controlled by medication;
        9. Severe disability that requires medical technological assistance;
        10. Insulin-dependent diabetes;
        11. Neurological or physical impairments to a degree that the child is non-ambulatory and requires twenty-four-hour (24) monitoring;
        12. Feeding problems that require nasogastric (NG) or gastrostomy tubes (G-tube);
        13. Tracheostomy requiring frequent suctioning and changing;
        14. Neurological issues related to prenatal substance use that require close monitoring by health personnel;
        15. Need for continuous nasal oxygen administration;
        16. Need for intravenous medication therapy; and
        17. Need for deep intramuscular injections; ​

  2. Will complete an educational session with the applicant to review caregiver acknowledgment and training requirements;
  3. Will provide a DPP-182 Initial Consideration Packet, DPP-184 Qualifying Event Application, and DPP-178C Qualifying Event to the caregiver after the educational session if the applicants elect to proceed;
  4. Will review the application and documentation to provide a DPP-185 Qualifying Event Eligibility Letter or DPP-183 Relative Fictive Kin Reconsideration Denial Letter to the caregiver;
  5. If eligible, will obtain the signed DPP 179 Relative and Fictive Kin Caregiver Agreement Form
  6. If a qualifying event eligibility determination is approved, will provide the DPP-184 Qualifying Event Application, DPP-185 Qualifying Event Eligibility Letter, DPP-178C Qualifying Event, and DPP-179 Relative and Fictive Kin Caregiver Agreement Form to the service region, R&C, and DAFM; and
  7. Will make a safety check and review report to centralized intake if a qualifying event eligibility determination is approved. ​


The SSW: 

  1. Completes the DPP-1277 Safety Check and Review per SOP C2.4 Non-Investigator​y Response
  2. Will, upon approval of the DPP-1277, submit a dependency referral and follow SOP C2.8 Investigation Protocol​ guidance related to completing a dependency investigation; 
  3. Will discuss with FSOS and regional management if the DPP-1277 is denied and mail a DPP-183 Relative Fictive Kin Reconsideration Denial Letter and DPP 154 Protection and Permanency Service Appeal form and inform DAFM within ten (10) working days;  
  4. Will collaborate with FSOS and regional management about filing petitions for court involvement and children entering OOHC per SOP C2.8 Investigation Protocol​;
  5. Ensures that once the child enters OOHC, the enter/exit screens are completed within three (3) working days and follow OOHC procedures in SOP C7.12 Timeframes for All Out-of-Home Care (OOHC) Cases.  


Revisions